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HomeMy WebLinkAboutRES NO 170-85RESOLUTION NO. __17Q-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS THAT TWO WRITTEN PROTEST HAVE BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 879, ANNEXATION NO. 301 (FAIRVIEW NO. 2), ANNEXED TO THE CITY OF BAKERSFIELD. WHEREAS, Resolution of Application No. 81-85, dated June 12, 1985, was submitted to the Local Agency Formation Commission of Kern County ("Commission") for the annexation of territory to the City of Bakersfield designated as Proceeding No. 879, Annexation No. 301 (FAIRVIEW NO. 2); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the 24th day of September, 1985, and continued to the 8th day of October, 1985; and WHEREAS, following said public hearing, the Commission, on October 8, 1985, adopted its Resolution Making Determination, being Resolution No. 85-40, recorded in Minute Book 32 of said Commission; and WHEREAS, on October 16, 1985, the Council of the City of Bakersfield adopted its Resolution No. 156-85 initiating pro- ceedings for annexation of the said territory to the City of Bakersfield and setting Wednesday, the 20th day of November, 1985, at the hour of 7 p.m. (or as soon thereafter as the matter could be heard) in the Council Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place of hearing on the proposed annexation and the owners of land within the said territory were duly informed of their right to file written protests against the annexation with the City Clerk at any time prior to the conclusion of the hearing on the proposed annexation; and WHEREAS, the public hearing was duly and regularly con- ducted by and before the city Council at its meeting of November 20, 1985, in all respects in accordance with Resolution No. 156-85. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Council of the City of Bakersfield as follows: 1. In accordance with Section 35229 of the Government Code, it is hereby found regarding the value of written protests filed and not withdrawn by owners of land and improvements at the conclusion of the public hearing, as follows: Two written protests against the said annexation were filed with the Clerk of the city of Bakersfield prior to the con- clusion of the public hearing on the proposed annexation, but did not constitute sufficient protests to require an election or to terminate proceedings. 2. The description of the exterior boundaries of the territory annexed is contained in Exhibit "A", and incorporated in this Resolution as though herein. 3. attached hereto fully set forth That the said territory designated as Proceeding No. 879, Annexation No. herein, and every part City of Bakersfield. 301 (FAIRVIEW NO. 2), and described thereof, is hereby ordered annexed to the 4. That the Clerk shall forthwith transmit a certified copy of this resolution ordering a change of organization, along with any required remittance to cover the fees required by Section 54902.5 of the Government Code, to the executive officer of the Local Agency Formation Commission of Kern County. 5. That the executive officer of the Commission is hereby requested to prepare and execute a certificate of comple- tion and make the filings required by Chapter 4 of the Municipal Organization Act of 1977 and record a certified copy of the cer- tification of completion with the recorder of Kern County, with the surveyor of Kern County and with the Clerk of the City of Bakersfield. .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 20th day of November , 1985, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this QO~h day of November MAYOR of the cityof Bakersfield , 1985 APPROVED as to form: CITY ATTO~¢NEY of t~'City of Bakersfield bl R.FA2-OD 3 ANNt~XA'I'ION NO. 50]. FAIRVii!P/ NO. 2 A parcel oF land situated in the County of Kern, State of California, being a portion of the southwest quarter of Section 19, Townsl~ip 30 South, Range 28 East, bI.D.B. 6 ~1., more particularly described us fo 1 tows: Beghming at the intersection o~ the east line of the west 130 feet with the south line of the north ,IS feet of said southwest quarter, said intersection being a point on the south right of way line of Fairvim~ Road, a point on the existing Corporate Boundary of the ~ of Bakersfield, and the Point o1: Beghming for this description; Thence (1) Easterly, southerly, westerly and northerly along the last named existing Corporate Boundary to the Point of Begimdng. CONTAtNIN(; S0.33 ACRES + EXIIIBIT "^" 3O T, ,30 S FAIRV[[W NO, :~ 2